C.S.S.B. 346 78(R)    BILL ANALYSIS


C.S.S.B. 346
By: Ogden
Public Education
Committee Report (Substituted)


BACKGROUND AND PURPOSE 

Currently, the state-funded extended year program covers only a portion of
the costs for a participating school district and authorizes only certain
districts to participate. In addition, the programs are not available at
grade levels beyond the eighth grade. C.S.S.B. 346 amends Chapter 29 of
the Education Code to authorize a school district to provide an optional
flexible school year program for students who would otherwise not be
promoted to the next grade level.  In addition, C.S.S.B. 346 allows a
district to reduce the regular school year and teacher service days to
create time for specialized programs for at-risk students. 


RULEMAKING AUTHORITY

It is the committee's opinion that rulemaking authority is expressly
granted to the commissioner of education in SECTION 1 (Section 29.0821,
Education Code) of this bill.   


ANALYSIS

C.S.S.B. 346 amends the Education Code, by authorizing a school district
to provide a flexible year program for students who did not perform well
or are not likely to perform well on a certain assessment instrument or
who would not otherwise be promoted to the next grade level. The bill
authorizes a school district to provide additional instructional days for
such a program by setting aside certain days for that purpose. The bill
requires each educator employed under a 10-month contract to provide the
minimum days of service required under Section 21.401, notwithstanding any
reduction in the number of instructional days in the regular school year
or in the number of staff development days. The bill authorizes a school
district to require educational support personnel to provide service as
necessary for an optional flexible year program. The bill authorizes the
commissioner to adopt rules for these administration of flexible year
programs. 

The bill provides that, except as authorized under Sections 29.0821,
25.081(b), and 25.084, each school district operate so that the district
provides for at least 180 days of instruction for students. The bill
provides an alternative method for calculating average daily attendance
for a district that operates under a flexible year program.  


EFFECTIVE DATE

Upon passage, or, if the Act does not receive the necessary vote, the Act
takes effect September 1, 2003. 


COMPARISON OF ENGROSSED TO SUBSTITUTE

C.S.S.B. 346 modifies the engrossed version by authorizing a school
district to provide a flexible year program for certain students rather
than authorizing a school district to apply to the commissioner of
education for approval of such a program.